BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

Joint Application of 

 

DELTA AIR LINES, INC. Docket DOT-OST-2011-_______ 

and 

WESTJET 

 

for Statements of Authorization 

pursuant to 14 C.F.R. Part 212 

 

JOINT APPLICATION OF 

DELTA AIR LINES, INC. AND WESTJET 

FOR STATEMENTS OF AUTHORIZATION

Communications with respect to this document should be sent to: 

Todd Peterson 

 Director of Alliances 

Lorne Mackenzie 

 Director, Environment and Regulatory Affairs 

WESTJET 

22 Aerial Place NE 

Calgary, Alberta, Canada T2E 3J1 

Don H. Hainbach 

Garofalo Goerlich Hainbach PC 

1200 New Hampshire Ave, NW, Suite 800 

Washington, DC 20036 

(202) 776-3970 

dhainbach@ggh-airlaw.com 

For WESTJET 

Andrea Fischer Newman 

 Senior Vice President, Government 

Affairs 

Alexander Van der Bellen, 

 Managing Director, Government Affairs 

and Associate General Counsel 

Jeff Morgan 

 Regional Director, Government Affairs 

DELTA AIR LINES, INC. 

1212 New York Avenue NW, Suite 200 

Washington, DC 20005 

(202) 842-4184 

sascha.vanderbellen@delta.com 

November 1, 2011 

Notice: The Joint Applicants are requesting expedited treatment of this application. The 

Joint Applicants will poll air carrier representatives on the attached service list and will 

advise the Department of the results. 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

Joint Application of 

 

DELTA AIR LINES, INC., Docket DOT-OST-2011-_______ 

and 

WESTJET 

 

for Statements of Authorization 

pursuant to 14 C.F.R. Part 212 

 

JOINT APPLICATION OF 

DELTA AIR LINES, INC. AND WESTJET 

FOR STATEMENTS OF AUTHORIZATION

Delta Air Lines, Inc. (“Delta”) and WestJet (collectively, the "Joint Applicants") hereby 

apply for Statements of Authorization pursuant to 14 C.F.R. Part 212 to engage in codesharing 

services to the full extent permitted by the U.S.-Canada Open Skies Agreement, as described 

below.1

WestJet is a Canadian low-cost airline that operates a fleet of more than 90 Boeing Next 

Generation 737 aircraft across a network of 71 destinations in Canada, the U.S., the Caribbean 

and Mexico. WestJet’s U.S. network is currently comprised of 18 cities: Ft. Lauderdale, Ft. 

Myers, Honolulu, Kahului, Kona, Las Vegas, Lihue, Los Angeles, Miami, Newark, Orange 

County, Orlando, Palm Springs, Phoenix, San Diego, San Francisco, San Juan, and Tampa. 

WestJet is the second largest Canadian airline. 

Delta and WestJet have entered into a reciprocal codesharing arrangement. This 

codesharing arrangement will create substantial benefits for passengers traveling between the 

 

1

 The Joint Applicants also request a waiver of the 45-day advance filing requirement for codeshare 

statements of authorization under 14 C.F.R. Part 212. 
Joint Application of Delta and WestJet

Page 2

United States and Canada and will enable both Delta and WestJet to extend their networks and 

market their services more effectively.2

The proposed services are noncontroversial and are fully consistent with the U.S.-

Canada Open Skies Agreement. Specifically, the Joint Applicants request the authority to 

engage in reciprocal codeshare services as follows: 

 Between any point or points in the United States and any point or points 

in Canada (on a nonstop basis and via intermediate routings); 

 Between U.S. points; 

 Between points in Canada; 

 Beyond Canada to any point or points; and 

 Beyond the United States to any point or points. 

Delta requests that its blanket statement of authorization extend to its Delta Connection regional 

affiliates3

 which operate service for Delta within North America. 

In support of this Application, the Joint Applicants submit the following: 

1. Delta holds a Certificate of Public Convenience and Necessity for Route 840, 

which authorizes Delta, inter alia, to engage in scheduled foreign air transportation of persons, 

property and mail between points in the United States and points in Canada nonstop and via 

intermediate points and to points beyond Canada. See, Order 2007-4-27, Dockets DOT OST2007-27790 and DOT-OST-1999-6246 (April 17, 2007). 

2. WestJet holds authority from the Department, inter alia, to engage in scheduled 

foreign air transportation of persons, property and mail from points behind Canada via Canada 

and intermediate points to a point or points in the U.S. and beyond. See, NOAT December 4, 

2009 in Docket DOT-OST-2001-11158. 

3. The proposed codeshare services are consistent with the U.S.-Canada Open 

 

2

 A redacted copy of the Delta/WestJet codesharing agreement is attached to this Application. 3

 Atlantic Southeast Airlines, Inc., Chautauqua Airlines, Inc., Comair, Inc., Compass Airlines, Inc., Mesaba 

Aviation, Inc., Pinnacle Airlines, Inc., SkyWest Airlines, Inc., and Shuttle America Corporation. 

 
Joint Application of Delta and WestJet

Page 3

Skies Agreement. See U.S.-Canada Agreement, Article 11, paragraph 6. 

4. The codeshare services proposed by the Joint Applicants are fully consistent with 

the public interest and DOT policy. The Department recognized in its 1995 International Policy 

Statement that codeshare services such as those proposed herein produce important public 

benefits: 

Code sharing and other cooperative marketing arrangements can provide 

a cost-efficient way for carriers to enter new markets, expand their 

systems and obtain additional flow traffic to support their other operations 

by using existing facilities and scheduled operations. Because these 

cooperative arrangements can give the airline partners new or additional 

access to more markets, the partners will gain traffic, some stimulated by 

the new service, and some diverted from incumbents. In this way, 

cooperative arrangements can enhance the competitive positions of both 

partners in such a relationship. 

Increased international code sharing and other cooperative arrangements 

can benefit consumers by increasing international service options and 

enhancing competition between carriers, particularly for traffic to or from 

cities behind major gateways. By stimulating traffic, the increased 

competition and service options should expand the overall international 

market and increase overall opportunities for the aviation industry.4

Additional codesharing by Delta and WestJet between the United States and Canada will make 

both carriers more competitive for transborder traffic. The Joint Applicants agree to accept the 

conditions normally applicable to codeshare authority such as requested herein. 

5. The Joint Applicants’ initial codeshare markets are set forth in Exhibits A-1 and 

A-2 of their codesharing agreement. Pursuant to the streamlined procedures announced in the 

Department's February 9, 2009 Notice concerning blanket notification of codeshare service to 

Open Skies partners and points, this Joint Application also serves as a single blanket 30-day 

notice covering new codeshare service for Open Skies points. For points in non-Open Skies 

countries, the Joint Applicants will comply with the standard 30-day notice condition set forth in 

the relevant statements of authorization. However, consistent with the Department’s 

administration of similar blanket statements, travel via alternative gateways and paths would not 

 

4

 U.S. International Air Transportation Policy Statement, 60 Fed. Reg. 21841, 21842 (May 3, 1995). 
Joint Application of Delta and WestJet

Page 4

require additional notice; and, notice by Delta or any of the Delta Connection carriers would be 

deemed notice given for all (except in the case of Mexico where operator-specific notices will 

continue to be supplied for Delta/Delta Connection services). 

6. The Joint Applicants also request that their statements of authorization be issued 

for an indefinite period, so long as their codeshare agreement continues in effect, and will notify 

the Department if that agreement should cease to be effective. 

7. The Joint Applicants agree to abide by the consumer notification requirements of 

14 C.F.R. Part 257 as well as the other conditions applicable to codeshare services operated to 

or sold in the United States. Delta's engagement in these codeshare services will not affect its 

commitment of aircraft to the CRAF program. 

8. Delta will rely on WestJet’s IOSA certification to support the instant codeshare 

request. Delta’s compliance statement on WestJet’s IOSA codeshare safety audit has been 

presented to and accepted by the Federal Aviation Administration. The FAA has rated Canada 

a Category 1 country under the IASA Program. 

WHEREFORE, the Joint Applicants respectfully request the Department to grant them 

the statements of authorization described above to allow them to offer codeshare services on 

each other’s flights and to grant the Joint Applicants such other and different relief as is 

consistent with this Application and with the public interest. 

Respectfully Submitted, 

/s/ Don H. Hainbach 

____________________________

Don H. Hainbach 

For WESTJET 

___________________________ 

Alexander Van der Bellen 

For DELTA AIR LINES, INC. 

 




































CERTIFICATE OF SERVICE

A copy of the foregoing Joint Application has been served this 1st day of November, 

2011, upon the following persons via email: 

Carrier Name Email Address 

Alaska, Horizon Marshall Sinick msinick@ssd.com 

American, American Eagle Carl Nelson carl.nelson@aa.com 

United/Continental Dan Weiss dan.weiss@coair.com 

United/Continental Oracio Marquez oracio.marquez@united.com 

United/Continental Jonathan Linde jonathan.linde@united.com 

US Airways Benjamin Slocum benjamin.slocum@usairways.com 

US Airways Howard Kass howard_kass@usairways.com 

Virgin America Barbara Russell barbara.russell@virginamerica.com

Trans States David Hayes dhayes@transstates.net 

GoJet Lisa Harig LHarig@mklawdc.com 

Compass Jennifer Trock jennifer.trock@pillsburylaw.com 

Pinnacle, Mesaba, Colgan Megan Rosia mrosia@pncl.com 

North American Malcolm Benge mlbenge@zsrlaw.com 

Air Wisconsin Jonathan Hill jhill@dlalaw.com 

Atlantic Southeast, 

ExpressJet, SkyWest 

Gerald Murphy 

gmurphy@crowell.com 

Republic, Shuttle America, 

Chautauqua 

Bob Cohn 

robert.cohn@hoganlovells.com 

Republic, Shuttle America, 

Chautauqua 

Pat Rizzi 

patrick.rizzi@hoganlovells.com 

esta.rosenberg@dot.gov 

robert.finamore@dot.gov 

info@airlineinfo.com